What's is the definition as established by the FCC vs Pacifica Foundation case?
Can't seem to find the actual definition that came about from this case. Someone please help!
- JerryLv 79 years agoFavorite Answer
Federal Communications Commission v. Pacifica Foundation, 438 U.S. 726 (1978) is a landmark United States Supreme Court decision that defined the power of the Federal Communications Commission (FCC) over indecent material as applied to broadcasting.
In 1973, a father complained to the FCC that his son had heard the George Carlin routine "Filthy Words" broadcast one afternoon over WBAI, a Pacifica Foundation FM radio station in New York City. Pacifica received a sanction from the FCC, in the form of a letter of reprimand, for allegedly violating FCC regulations which prohibited broadcasting indecent material.
The U.S. Supreme Court upheld the FCC action in 1978, by a vote of 5 to 4, ruling that the routine was "indecent but not obscene". The Court accepted as compelling the government's interests in
1) shielding children from patently offensive material, and
2) ensuring that unwanted speech does not enter one's home.
The Court stated that the FCC had the authority to prohibit such broadcasts during hours when children were likely to be among the audience, and gave the FCC broad leeway to determine what constituted indecency in different contexts.
The Supreme Court provided the modern definition of obscenity in Miller v. California, 413 U.S. 15 (1973). Obscene broadcasts are those where:
1. The average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest in sex;
2. Depicts or describes sexual conduct in a patently offensive way; and
3. Taken as a whole, the work lacks serious literary, artistic, political or scientific value.
Indecent - The Federal Communications Commission definition of indecency:
"Language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs."
Profane- Broadly, the word profane refers to irreverence toward God or holy things; particularly to the blasphemous use of the name of God.
Definitions - http://www.cba.uni.edu/decencyl/defs.html#obsceneSource(s): http://en.wikipedia.org/wiki/Federal_Communication... http://www.cba.uni.edu/decencyl/defs.html#obscene